EstateExec™ Terms & Conditions
By using EstateExec, you agree to the following terms and conditions:
1. Authorized Use
You are authorized to read EstateExec documentation as desired, to explore the usefulness of EstateExec for a given estate during that estate's free trial usage period, and to use EstateExec to facilitate the settlement of an estate for which an EstateExec license fee has been paid.
You may not use EstateExec materials for any commercial purpose other than to facilitate the settlement of an estate for which an EstateExec license fee has been paid. You may not reverse-engineer, copy, rent, or lease EstateExec materials. EstateExec materials are owned and copyrighted by EstateExec, and any license you purchase confers no title or ownership in these materials and should not be construed as a sale of any right to those materials.
2. Legal or Financial Advice
EstateExec does NOT provide legal or financial advice, and while EstateExec provides information and productivity software designed to support the estate settlement process, ultimately you are responsible for decisions and actions regarding the estate, not EstateExec.
EstateExec may reference statutes, regulations, and/or case law, but these are all publicly available and not specific to any individual situation: nothing EstateExec provides can be considered a substitute for the advice of a lawyer or financial professional.
EstateExec recommends you seek professional counsel for complex situations, or even any situation for which you are not completely certain of the proper and best course of action.
3. Linked Websites and Services
In an attempt to be helpful, EstateExec links to numerous other websites and services. EstateExec is not responsible for the contents or behavior of any linked website or service, and use of any such linked website or service is at the user’s own risk.
4. EstateExec "As Is"
EstateExec is not perfect, and is provided “as is.” EstateExec makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
While EstateExec strives to provide relevant and accurate information and data processing, EstateExec can never be completely aware of all circumstances surrounding your estate, there may be more recent laws, regulations, or court rulings that EstateExec has not yet incorporated, and like all human endeavors, EstateExec may sometimes make mistakes or encounter programming issues.
Whatever you may conclude from reading EstateExec materials and/or using the software, ultimately you are responsible for decisions and actions regarding the estate, not EstateExec.
EstateExec has historically been operational and available 99%+ of the time, and works well with most common browsers and devices as of 2023, including Chrome, Firefox, Edge, and Safari; PCs, Macs, iPads, iPhones, and Android phones. And more.
That being said, EstateExec makes no guarantees concerning about future service availability. Certain licenses offer access for a given duration (e.g., 1 year, 5+ years), but it is the user's responsibility to access the service using compatible technology. In other words, EstateExec does not guarantee proper functionality with every browser and every device ... or even every future version of browsers and devices that are currently compatible.
7. Limitations on Liability
EstateExec users bear all risk as to the quality, accuracy, relevancy, and performance of the website and the service. In no event, and to the maximum extent authorized by law, shall EstateExec, or any organization or person associated with EstateExec, be liable for any damages (including, without limitation, direct, punitive, incidental or consequential damages, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use EstateExec, even if EstateExec or an authorized EstateExec representative has been notified orally or in writing of the possibility of such damage. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such states liability is limited to the extent permitted by law, and some of the above limitations may not apply to you.
It is EstateExec's goal to resolve through negotiation any dispute, claim, or controversy arising out of or relating to these terms, or the breach, termination, enforcement, interpretation or validity thereof, or to the use of EstateExec. In case we fail to reach a resolution of such an issue, it must be settled via binding arbitration. In no case will disputes be decided by any court, jury trials, or class action.
Binding arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The United Nations Convention on Contracts is excluded and not applicable to this relationship, and the US Federal Arbitration Act shall govern the interpretation and applicability of this arbitration agreement.
To the maximum extent permitted by law and coherent to these Terms of Service: (i) the arbitrator will have no authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute; (ii) the arbitrator shall not award consequential damages in any arbitration initiated under this section; (iii) any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount; (iv) in no case shall any award payable by EstateExec exceed the fees paid by the plaintiff to EstateExec.
This arbitration agreement will continue to govern the dispute resolution for the Parties even after termination of the use of EstateExec or termination of this agreement. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.
Notwithstanding the above, EstateExec retains the rights to initiate proceedings in any court or tribunal in order to obtain injunctive or equitable relief to protect intellectual property rights, both actual and threatened violations.
You shall defend, indemnify and hold harmless EstateExc and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any activity by you in relation to EstateExec.
10. Governing Law
Use of EstateExec shall be governed by the laws of the State of California, without regard to its conflict of law provisions. The United Nations Convention on Contracts is excluded and not applicable to this relation.
Although no court involvement should ever become necessary due to the arbitration clause in these terms, you specifically consent to personal jurisdiction in California in connection with any dispute involving EstateExec, and that the exclusive venue for any dispute between the parties will be in the state and federal courts in California.
In the event of the invalidity of any provision of these terms, such invalidity shall not affect the validity of the remaining portions.
12. Modification of Terms
From time to time, EstateExec may modify these terms and conditions without prior notice, becoming effective immediately upon publication. If we make changes we deem particularly significant, we will provide notice with a special site display or via email. If you continue to use EstateExec, you are agreeing to be bound by the then-current version of these terms and conditions.
Customer satisfaction is very important to EstateExec, and thus we supply free trial usage of EstateExec before any payments are requested. Once you decide to purchase an EstateExec license, such payments are non-refundable. While most licenses are one-time payments, if you do purchase an add-on subscription, it will be automatically renewed every year until you (or EstateExec) cancels it.
14.Questions or Complaints
If you have any questions, or are unhappy with something about EstateExec, please contact Support@EstateExec.com.
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